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Article 2: Administration

Section 2.2. Review Authorities

2.2.3. Planning and Zoning Board

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-7

Voting

The concurring vote of four members of the Board of Adjustment shall be necessary to approve a

Variance. The affirmative vote of three members shall be required for all other decisions, other

than to adjourn a meeting for lack of a quorum.

H.

Conflict of Interest

A Board of Adjustment member shall not participate in the review of, or vote on, an application for

a Variance or Administrative Appeal if the action proposed by the application creates a conflict

of interest. Such a conflict of interest exists if the member:

a.

Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

b.

Fails to disclose

ex parte

communications;

c.

Has a financial interest in the outcome of the review;

d.

Has a close familial, business, or other associational relationship with an affected person; or

e.

Otherwise has a relationship or acts in a manner that would violate affected persons’

constitutional rights to an impartial decision maker.

If an objection is raised to a board member’s participation in a matter based on a conflict of

interest, and the member does not recuse himself or herself, the remaining members of the board

present shall by majority vote determine whether the member is or is not disqualified from

participating in the review.

I.

Rules of Procedure

The Board of Adjustment shall adopt rules of procedure governing its procedures and operations. Copies

shall be made available for public inspection in the Planning Department.

2.2.3.

Planning and Zoning Board

A.

Establishment

The Planning and Zoning Board is hereby established in accordance with state law.

B.

Powers and Duties

Review of Development Applications

The Planning and Zoning Board shall have the review and recommendation authority and

responsibilities shown in Tabl

e 2.3, Summary Table of Development Review Procedures.

Other Powers and Duties

a.

Prepare Comprehensive Plan

The Planning and Zoning Board shall formulate and maintain a Comprehensive Plan.

b.

Studies

The Planning and Zoning Board shall make careful studies of present conditions and the

probable future development of the town and its environs, including, but not limited to, land

use surveys, population studies; economic base studies; school, park, and recreation studies;

and traffic and parking studies.

c.

Other Powers and Duties

The Planning and Zoning Board shall have any other powers and duties delegated to it by the

Town Council, consistent with state law.